Lambert van der Heide v The Council of the City of Sydney

[2017] NSWLEC 1329

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Lambert van der Heide v The Council of the City of Sydney [2017] NSWLEC 1329
Hearing dates:	Conciliation conference on 28 April 2017
Date of orders:	26 June 2017
Decision date:	26 June 2017
Jurisdiction:	Class 1
Before:	Maston AC
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Lambert van der Heide (Applicant) Council of the City of Sydney (Respondent)
Representation:	Solicitor: Mr A Knox, Pikes & Verekers Lawyers (Applicant) Mr Phillip Canning, Council of City of Sydney (Respondent)
File Number(s):	2016/386224
Publication restriction:	No

Judgment

1. COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”.

2. The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document.

3. In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any merit assessment of the issues that were originally in dispute between the parties.

4. The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:

1. The appeal is upheld.

2. Development application D/2014/1104/B seeking approval for amendment to the approved trading hours is approved subject to the conditions in Annexure A.

As a consequence of order B, Development Consent No. D/2014/1104 is now subject to the consolidated, modified conditions of development consent set out in Annexure B and the Plan of Management set out in Annexure C.

……………………….

Acting Commissioner Maston

386224.16 Maston - Annexure A (341 KB, pdf)

386224.16 Maston - Annexure B (469 KB, pdf)

386224.16 Maston - PoM (413 KB, pdf)

Amendments

27 June 2017 - Conciliation conference date entered

Decision last updated: 27 June 2017